30 Jul 2013

A motion by Maun West MP, Mr Tawana Moremi calling on the government to waive visa requirement to allow Mr Gordon Bennett to come to the country so he could represent Basarwa in their case, has been rejected.

Members of Parliament who opposed the motion said Botswana was a sovereign country and acted in accordance within the parameters of international law.

The Minister of Labour and Home Affairs, Mr Edwin Batshu said government was not in a position to waive the visa requirement for Mr Bennett. He added that he was denied to visit Botswana in the interest of national security. Mr Batshu said Botswana, as a sovereign republic, was at liberty to decide who to allow and who not to allow to visit the country.

Opposing the motion, Tonota South MP, Mr Pono Moatlhodi said Botswana was not the first country to request visas, adding that the prevailing rules shall remain. He, however, said this did not mean one could not re-apply. He said Mr Bennett, who represented Basarwa in their historical case against the government, was not a special guest and therefore the visa requirement could not be waived.

Mr Moatlhodi said Mr Stephen Correy, who once represented Basarwa, threatened Botswana’s economy by labeling its diamonds as blood diamonds. He said that was why he opposed the motion as national interests were under threat.

Specially elected MP, Ms Dorcus Makgato-Malesu said whenever national interests were under threat, necessary legal steps needed to be taken. She said Mr Bennett’s application should not be approved just because he was from England regardless of requirements that were in place.

Mr Peter Siele of Ngwaketse South said a visa requirement was an international practice. He said the government had nothing against Basarwa.

Serowe North East MP, Mr Dikgakgamatso Seretse said the decision was made on facts and not on perception, saying facts pointed to issues of national interest. Tswapong North MP, Mr Prince Maele said this was neither a constitutional nor a matter relating to access to justice, but was in line with international law.

However, MPs who supported the motion said Basarwa were being denied the right to legal representation as their lawyer was not allowed to enter the country.

Lobatse MP, Mr Nehemiah Modubule said Mr Correy and Survival International showed support when Basarwa were being forcibly moved from the Central Kalahari Game Reserve (CKGR) and they were successfully represented by Mr Bennett. Mr Modubule said government had now developed fear, saying it was, however, not the right thing as Basarwa had the right to legal representation.

He also wanted to know what danger the expelled former African National Congress (ANC) youth leader, Mr Julius Malema posed to Botswana as he was also required to have a visa. He said the country stood to lose as potential investors would no longer find it attractive to come to Botswana. MP Modubule said by rejecting Mr Bennett’s application, the government had actually declared him a prohibited immigrant.

Gaborone Central MP, Mr Dumelang Saleshando said he could not understand why Mr Bennett, who had visited Botswana numerous times to represent Basarwa, could now be required a visa, labelling the government cowards as they feared losing another case against Basarwa. Mr Saleshando said by rejecting Mr Bennett’s visa application, government was tilting the scales in its favour. He said this was not a matter of colonialism as the government had also engaged advocates from other countries, but that they did not need visas.

Kgatleng West MP, Mr Gilbert Mangole said he wondered why the sudden requirement of a visa, echoing sentiments that government was not ready to face Mr Bennet) in a court of law. The mover of the motion, MP Moremi said this was not about visa or Mr Bennett, but that government was worried that eventually Basarwa would also want to derive benefits from the resources in their periphery. ENDS